Empire Strikes Back

In the constant struggle between good & evil, right & wrong, Claimant & Defendant, and hot on the heels of the claimant friendly judgement of Simcoe v Jacuzzi (aka A New Hope) came a judgement too late to squeeze into our Carlisle Legal Costing – Legal Services Guide (available free on request).

The long held principle is that if a child is injured, the case proceeds in the normal way save that at the conclusion of negotiations, part 8 proceedings are commenced and the court approval sought. If damages were less than £1000, nothing to worry about as by virtue of a quirk of law, all cases proceeding under part 8 are allocated to the multi-track. This resulted in costs being assessed on the standard basis. That was the case until the court of appeal handed down judgement in Dockerill v Tullett in which the court has now ruled that it should only be the case that a reasonable fee for advising is recoverable.

My political views are generally neutral in that I am happy to criticise both sides – a bit like the Jedi Knights kept things in balance.

But this has to be bad news for access to justice. Before there was certainty, but possibly due to a minority being greedy causing the insurance empire to turn its focus to this issue, it has been spoilt for the majority. It can only be hoped that someone with common sense can lift the mask off the powers that be as did Luke Skywalker, and let light shine in to the infighting between the rebel alliance and the bloated Empire and calm will ensue. Sadly first, it would appear Lord Jackson needs throwing from his Death Star first.

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